KALYAN DAS Vs. ASHRAF ALI

JUDGEMENT

(1.) This appeal arises out of a suit on foot of two mortgages, the first, dated the 7th of August, 1907, for Rs. 6,500, and the second, dated the 11th of February, 1909, for Rs. 1,000. The plaintiff claims Rs. 10,794, on foot of the two mortgages.

(2.) The estate of the mortgagors vas taken over by the Court of Wards and a notification was duly issued, with effect from the 29th of July, 1911, under Section 16 of the Court of Wards Act, III of 1899. The mortgagees did not, in compliance with the provisions of Section 16, notify their claim under the two mortgages against the estate.

(3.) It appears that there was some notification of one of the mortgages in October, 1912. This, however, may, for the purposes of our judgment, be disregarded. The estate is not now and was not at the time of the institution of this suit under the management of the Court of Wards. The management was given up in November, 1912. The court below has given the plaintiffs a decree for the full amount of the claim.